There are times when a client comes to us that needs to file bankruptcy, after having filed a previous case. Some find themselves wondering if a prior filing will prevent them from filing again. If you have filed a previous case, there can be a wait before you are permitted to file a new case. Here is how that wait breaks down:
If You Filed a Chapter 7:
You can file a Chapter 13 four years after your previous Chapter 7
You can file another Chapter 7 eight years after your previous Chapter 7
If you Filed a Chapter 13:
You can file another Chapter 13 two years after your previous Chapter 13
You can file a Chapter 7 six years after your previous Chapter 13
If you attempt to file a bankruptcy without this length of time passing, you will not be eligible to receive a discharge. If your earlier case was dismissed and you did not receive a discharge, it doesn’t count. The clock starts from the date the previous case was filed with the court. You can find this information on a copy of your filed petition or you can ask your bankruptcy attorney to do a search for your previous case if you no longer have the documents available.
For more information contact your Folsom Bankruptcy Attorney at (916) 780-7005.